Category Archives: Family Law
What is a Guardian Ad Litem and Do I Need One in My Case?
In a divorce, modification, or paternity case where the issues concerning a child are highly contested, a Guardian Ad Litem (“GAL”) may be appointed by the Court. The GAL is a neutral person appointed by the Court to represent your child’s best interests. The GAL also assists in investigating allegations and making recommendations to… Read More »
Can I Be Required to Pay Child Support for a Child I Didn’t Know I Had?
Yes, you can. Not knowing you had a child does not negate your obligation to pay child support. If you are served with a Petition to determine Paternity or Child Support for a child you didn’t know you had, there are several things you need to do. Most importantly, do not ignore the papers…. Read More »
Can the State Harass Me Over Child Support After a Chapter 13 Bankruptcy?
When you file for bankruptcy, the automatic stay goes into effect. This is a stop on all debt collection attempts from your creditors. It is meant to give you some “breathing room” as you work through the bankruptcy process. There are two notable exceptions to this stop: collection attempts for child support and collection… Read More »
Can an Out of State Domestic Violence Order Affect My Florida Parental Rights?
Any presence of domestic violence in your life, whether it is an isolated incident that occurred in your past, a restraining order, or a criminal charge, can affect your parental rights in Florida. It does not matter if your charge or restraining order is from another state. Although Florida typically creates timesharing arrangements that… Read More »
Do I Need a Parenting Plan?
The divorce process in Florida can be complicated and frustrating, especially when there are minor children from the marriage, but it can be easier and less contentious with the help of a family lawyer who has experience with collaborative divorce. Many couples in Orlando who are just beginning the divorce process have friends and… Read More »
Using the Collaborative Process to Create Prenuptial Agreement
Couples do not generally get married anticipating divorce, but this possibility is still present, and could justify the creation of a prenuptial agreement. Prenuptial agreements outline which assets a spouse would be entitled to keep or receive, the liabilities each side would agree to assume, and the payment of alimony. While negotiating the terms… Read More »
Issues Surrounding the Division of the Marital Home in Divorce
How to address whether to keep or sell the family home in the wake of divorce is a looming issue for a lot of couples, since the house is often the largest tangible asset they own. There is also the issue of a child’s attachment to the home for security, community and school purposes… Read More »
Determining if You Need Permission to Relocate
Moving to a new place frequently brings the conflicting emotions of stress and excitement that reflect the complex reality of transitioning to a new life stage. Relocating when parents share child custody is quite a bit more complicated, and may require court intervention if procedures are not followed or disputes arise. Parents understandably want… Read More »
Child Custody Issues with Same Sex Couples
Forming an important and lasting bond with a child through direct involvement with the child’s daily life is not limited to the child’s legally-recognized parents. This influence may be exerted by any present and caring adult, and in the context of same-sex relationships, is not an uncommon arrangement. While many same-sex couples are now… Read More »
An Illegal Marriage and How It Affects Your Rights during Divorce
As most people are aware, marriage is a prerequisite to filing for divorce. Without the existence of a legal marriage, a court does not have the power to resolve the issues typically associated with a breakup, i.e., child custody, support, alimony, etc. While the issue of the validity of a marriage is rarely a… Read More »
